Capitola residents urge enforcement of Measure L; council agrees to agendize municipal code 8.72 for April 17 special meeting

Dozens of residents told the Capitola City Council on April 10 that they want the city to enforce Measure L and Municipal Code chapter 8.72, which they said requires the Monterey Bay Sanctuary Scenic Trail to remain in the rail corridor.

Speakers cited the ordinance’s stated purpose — “to improve safety and reduce traffic by keeping the Monterey Bay Sanctuary Scenic Trail in the Santa Cruz branch line corridor within the city of Capitola while protecting the Capitola trestle” — and warned that diverting the trail onto city streets would violate local law and community intent. “We’re asking that the council uphold municipal code 8.72,” resident Gail Ortiz told the council during oral communications.

The comments followed a sequence of public remarks from former and current business owners, longtime residents and local activists who raised legal, financial and safety concerns. Sam Storey, a village business owner and former council member, recounted Measure L’s litigation history and said the measure was ultimately enacted as ordinance 8.72 after the city’s legal challenge was dismissed. Bud Culligan, a local business owner and trail activist, criticized past project cost estimates and urged the city to seek railbanking to shift legal liability, saying federal railbanking would “assume all liability for property owner lawsuits in the corridor.”

Why this matters: the corridor alignment affects a federally funded multimunicipal trail project and the city’s legal obligations under a voter-approved measure. Several commenters warned that changing the trail alignment could jeopardize Active Transportation Program (ATP) grant funding awarded on the basis of a separated multiuse path within the rail right of way and cited past grant and feasibility-study estimates in public remarks.

Council response and direction: Councilmember Jensen said Measure L should be agendized for a council review, and staff said the April 17 special meeting already scheduled could include that item. Council and staff agreed to start the April 17 meeting earlier at 5:15 p.m. to accommodate anticipated public comment, and the council indicated that public comments at that meeting would likely be reduced from three minutes to two minutes because of expected turnout. City staff noted the agenda packet for the special meeting would be published the following day.

What was not decided: Council did not vote on any changes to the trail alignment or on enforcement actions at the April 10 meeting. No formal motion to amend or rescind the ordinance was made; the council instead directed staff to place the Measure L/8.72 review on the April 17 agenda for fuller deliberation.

Public concerns raised during the session included: possible loss of parking and trees if the trail is routed on Park Avenue; safety questions for riders and pedestrians on narrow arterial streets; potential fiscal exposure to legal claims by property owners along the corridor; and the risk of losing ATP grant funding if the trail scope is changed from the rail right of way. Supporters of keeping the path in the rail corridor also argued the corridor offers unique recreational and scenic value.

Next steps: The council will consider Measure L/municipal code 8.72 at a special meeting on April 17 starting at 5:15 p.m.; staff will publish the agenda packet in advance. Residents and organized groups said they expect to return to the dais to press for enforcement or further study.